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ARTICLE · 01 AUGUST 2025

Federal Circuit: It's Not Easy Being Green For Colour Marks

Ladas & Parry
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The TTAB, applying the Milwaukee test, rejected an application for a dark green colour mark for medical gloves on the ground that it was generic...

United StatesIntellectual Property
Dennis Prahl
Dennis Prahl
Ravindra Persaud
Ravindra Persaud

Legal updates: case law analysis and intelligence

  • The TTAB, applying the Milwaukee test, rejected an application for a dark green colour mark for medical gloves on the ground that it was generic
  • The Federal Circuit held that the Milwaukee test was the correct legal standard in adapting the Ginn test to determine the genericness of
    colour marks
  • Applying the Milwaukee test, the Federal Circuit confirmed that the mark was generic

In RE: PT Medisafe Technologies, the U.S. Court of Appeals for the Federal Circuit (The "Federal Circuit") affirmed a decision by the Trademark Trial and Appeal Board ("TTAB"), and adopting a previous test for word marks as applicable to color marks, rejecting the application of a color mark for medical examination gloves by PT Medisafe Technologies ("Applicant"), finding the mark to be generic.

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